Court
Hears 301 Forced Labor Case, Attorney Argues No Findings to Support Tariff
[ABS News Service/01.10.2026]
A three-judge panel at the Court of International Trade
raised questions about arguments being made by both sides in a challenge to the
Administration’s decision to impose sweeping Section 301 tariffs on multiple
countries for allegedly failing to keep products made with forced labor out of
their markets.
Small businesses and state governments challenging the
tariffs argue that Section 301 requires country specific finding, which were
not provided in the US Trade Representative Office’s report.
The judges repeatedly asked the attorney representing the
small businesses, Pratik Shah, if he was simply asking for “more paper” rather
than actually challenging USTR’s conclusions. They also questioned whether the
fact that the member countries of the European Union are treated as a single
entity undermines the argument that the statute requires country specific
findings.
But they also had numerous questions for Justice Department
attorney Eric Hamilton about whether the government had ignored more detailed
statutory requirements that dealt specifically with forced labor, rather than
relying on broader authority about unreasonable trade practices.
The plaintiffs urged the court to throw out the tariffs
completely, although Mr. Shah indicated that the small businesses he represents
would not object if the court limited its action to just the
some two dozen countries that the companies import from, leaving tariffs
in place on the remaining countries hit by the tariffs.
Mr. Hamilton called for the challenge to be dismissed. But
in the event that the court opts to remand the matter back to USTR for
additional data on how it reached its findings, the government attorney said he
was confident that information could be provided.
The panel is expected to issue its ruling in the coming
weeks.
The Administration imposed the Section 301 tariffs after
the US Supreme Court ruled that the global tariffs he
imposed using the International Emergency Economic Powers Act were illegal.
The government is still in the process of issuing refunds
to companies that paid the IEEPA tariffs.